Amed Marzano & Sediva PLLC’s appellate group successfully represented the appellee in Grasson v. Bd. of Educ., 11-5295-cv in dismissing the appellant’s interlocutory appeal. The 2nd Circuit clarified the exception to the FRAP 1291 finality rule and held that an interlocutory appeal on the basis of FRCP Rule 60(b) will be jurisdictionally barred unless the district court assumes jurisdiction and power to act when neither exists. The Circuit decision in Rineiri v. News Syndicate Co, 385 F.2d 818 left an opening for this appellant to seek appellate jurisdiction because the District Court granted a Rule 60(b) motion that was brought within one year but four months after the decision that the plaintiff sought to vacate.

This decision closes that opening and holds that so long as the district court had jurisdiction pursuant to Rule 60(b), an appeal will be barred, and the circuit will not address any improprieties within that decision.

Amed Marzano & Sediva PLLC's NY appellate lawyers have handled and are presently handling cases in NY courts dealing with malicious prosecution. If you need assistance in this area of law, please contact us or another law firm of your choosing.

An action for malicious prosecution in New York will not survive a motion for summary judgment unless the party making the claim can satisfy all four of the below elements.

Marzano Lawyers PLLC Appellate Attorneys assist clients in New York and Connecticut. We serve all of New York City and the surrounding area, including but not limited to Manhattan, Brooklyn, Queens County, Kings County, Bronx, Yonkers, Staten Island, Westchester County, New York County, Hudson County, Suffolk County, & Nassau County.